Portrait of Tomasz Żernicki, PhD

MPEG Audio · Standard-Essential Patents

Tomasz Żernicki, PhD

Court-ready MPEG Audio SEP analysis — claim charts, essentiality analysis and expert testimony

In MPEG audio standardization since 2007co-author of MPEG-H 3D Audio, with own coding technologies adopted into the standard. Infringement validated on the device, defended as expert testimony. Claim charts and essentiality analysis for AAC, xHE-AAC and MPEG-H.

Audio Engineering Society Fellowship Award 2025 — “for contributions to the advancement of ambisonics and volumetric audio technologies.”

§ 1

Why MPEG Audio infringement is hard to prove

Not a documentary exercise. Claim against specification, then specification against the device — four disciplines at once.

  1. 01

    The standard itself

    Claim read against ISO/IEC text — amendments and corrigenda included.

  2. 02

    Signal processing

    Decoded output measured, not listened to — against MPEG's own conformance methods.

  3. 03

    Codec implementation

    How encoders and decoders are actually built — on chip and in software.

  4. 04

    The device stack

    Signal captured off real hardware without corrupting the evidence.

Each one alone is common. Together they are not.

§ 2

Services

01 Primary engagement Per case schedule

MPEG Audio Expert Witness & Litigation Support

Infringement validated on the device, not on paper — signal capture, DSP-level analysis, conformance testing against the standard’s own verification methods. Expert report, declaration and testimony, or non-testifying support kept behind privilege.

02 Screening scoped to portfolio · 5–10 days per claim chart

MPEG Audio Essentiality Analysis & Claim Charts

Portfolio screening, then claim charts taken the whole way: claims mapped to ISO/IEC 14496-3, 23003-3 and 23008-3, scored normative / implied / informative, with product evidence of use in court-ready form.

03 12-month minimum

Standing MPEG Audio Technical Expert

Priority access to the case calendar, a conflict lock against your adversaries, monthly consultation, and a quarterly scan of new xHE-AAC and MPEG-H implementations reaching the market as Android's xHE-AAC mandate expands who is in scope.

Who I work with

  • IP litigation counsel preparing or running SEP infringement proceedings over audio codecs, worldwide.
  • Licensors and NPEs with AAC, xHE-AAC, MPEG-H or voice codec portfolios, deciding what to assert and against whom.
  • In-house IP and licensing teams at companies participating in audio codec pool licensing programmes.

Who I am not the right fit for

  • Implementers seeking a defensive opinion against a licensor I have already worked for.
  • Anyone looking for a predetermined conclusion.
  • Matters where the technical work does not justify the minimum engagement.

I accept two concurrent matters. Scope and fees are agreed per case.

§ 3

Two decades of method

The method is my own — twenty years writing these standards, then building products that implement them.

I know which section of the specification governs a given claim limitation, and what a device does when it decodes. That removes the search — where the weeks normally go.

No conclusion is guaranteed in advance

I measure devices. The bitstream either carries the required syntax elements or it does not — and that is what goes into the report, in writing, before it reaches the other side.

What I do guarantee

  • Reproducibility — same device, same result. Measurements, analysis, device unit, firmware build, capture path and conformance procedure — all handed over. Same unit, same result, or I re-run it at no additional fee.
  • Current, not remembered. Active MPEG participant, Poland's national delegate through PKN — every analysis reflects today's specification, amendments included.
§ 4

About the expert

One of the few engineers worldwide who took part in writing the MPEG audio standards. Audio Engineering Society Fellowship Award 2025.

  • Audio Engineering Society shield Audio Engineering Society Fellowship Award (2025) — “For contributions to the advancement of ambisonics and volumetric audio technologies, including innovations, standardization, patents, and research”
  • PhD, audio signal processing & telecommunications
  • MPEG logo Active in MPEG audio standardization since 2007 — working group participant and Poland's national delegate to MPEG through PKN; ISO/IEC 14496-3, 23003-3, 23008-3
  • Co-author of MPEG-H 3D Audio, contributing original coding technologies later adopted into the standard
  • Co-founder of Zylia and inventor of the Zylia ZM-1 ambisonics microphone array — used in Oscar-nominated film production and across the music industry
  • 20+ patents, 200+ publications; collaboration with major players across the audio and video industry
  • Expert witness and litigation support in MPEG audio SEP matters — testifying and non-testifying roles, instructions accepted worldwide
§ 5

Focus areas

AAC HE-AAC xHE-AAC (USAC) MPEG-H 3D Audio

AAC — Advanced Audio Coding

ISO/IEC 13818-7 · ISO/IEC 14496-3

The perceptual audio codec family that replaced MP3 as the default for digital audio distribution. AAC-LC is the baseline profile; HE-AAC adds spectral band replication for low-bitrate efficiency, and HE-AAC v2 adds parametric stereo. xHE-AAC, the extended profile built on USAC, unifies speech and music coding and holds quality down to very low bitrates. AAC-LD and AAC-ELD serve low-latency communication and conferencing.

AAC decoding is native to Android, iOS, Windows and Fire OS, and carries audio for the major streaming platforms and for Digital Radio Mondiale. Its reach across handsets, televisions, set-top boxes, automotive head units and streaming services is what makes essentiality and evidence of use contested in the first place.

MPEG-H 3D Audio

ISO/IEC 23008-3

The immersive and personalised audio standard, carrying channel-based, object-based and scene-based content — the last of these as Higher Order Ambisonics — in a single bitstream, with rendering and dynamic range control built into the specification. Two profiles matter commercially: Low Complexity and Baseline.

It reaches televisions, mobile devices, soundbars, smart speakers, AV receivers, automotive systems and headphones through binaural rendering, and has been adopted into major broadcast and streaming standards. The patent pool is younger than AAC and enforcement is only beginning — which is precisely why the technical questions are still open.

§ 6

Frequently asked

Are you a law firm?

No. Technical expert services only; I work alongside your counsel and do not provide legal opinions.

How can you deliver claim charts in days?

A methodology built over two decades of writing these standards and then building products that implement them. I know which section of the specification governs a given claim limitation, and what a device does when it decodes. That removes the search, which is where the weeks normally go.

Which side do you work for?

Independence is the value. A conflict check precedes every engagement; current work is licensor-side.

Testifying or consulting expert?

Either. As a testifying expert I write the report, sit for deposition and defend the analysis under cross-examination. As a consulting expert I work behind your privilege — the same measurements and the same rigour, without becoming a witness. Tell me which role you are engaging me for at the outset, because it changes how the work is recorded from the first day.

Start with the matter

Tell me what is in dispute — the patents, the accused products and the schedule you are working to. It will be treated in confidence. Every engagement starts with a conflict check; answer within 24 hours.